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Georgia Family Law Questions & Answers
1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Georgia on
Q: How to file for Florida Divorce decree to be registered in Ga for a child custody jurisdiction enforcement from DV hist.

Is there certain forms that are required when filing for this? Especially with a domestic violence clause being the basis for the jurisdiction hold?

Ellaretha Coleman
Ellaretha Coleman answered on Nov 19, 2019

In order to have the Florida order enforced in Georgia, you will need to register the order in the superior court of the county where the respondent resides. You should consult with an attorney to discuss your options to proceed in Georgia.

3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My son is 16 , he wants to live with his mother. I have full custody of him. Can i still take him from his mother?

She is blackmailing me saying if i try take him from her she will put me in jail. But i have custody and she has nothing.

Regina Irene Edwards
Regina Irene Edwards answered on Nov 19, 2019

If you have custody via a court order, you can't go to jail for enforcing the current order.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I wasnt notified of a final custody hearing & the judge ruled in the NCP's favor. Can I file a motion to stop visitation

A day before court in October 2018, the judge cancelled & I couldn't get another date for over a year! Now A week after I missed court because I never got a notice (due to an address error), the NCP called demanding the kids the same day bragging about a default judgment. I didn't believe him l,... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 19, 2019

You should contact an attorney as soon as possible. Without more details about your case, it is difficult to provide you with an accurate answer.

Our firm will gladly assist you. Contact us today.

-The Upshaw Law Firm, (770) 240-0922.

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1 Answer | Asked in Family Law for Georgia on
Q: I have proof that my ex husband obtained public notice divorce by fraud ,( lied to the judge) he knew my where abouts .

I have screen shots of the texts he sent me with the actual address and home from Google Earth and another change of address he received from my bank, then him cursing me out in the text plus call logs and other texts. I was never served and never told a hearing. The required search affidavit that... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Nov 18, 2019

You will need to file a motion to set aside the divorce decree. If you are not experienced with the court system, I highly recommend you seek an attorney to handle this on your behalf. If you can not afford an attorney, I suggest you apply for counsel with your local legal aid office.

1 Answer | Asked in Family Law for Georgia on
Q: What is the statute that a judge must read the record when another judge had been recused and another been assigned
Ellaretha Coleman
Ellaretha Coleman answered on Nov 18, 2019

There is no statute requiring a judge to read the record.

3 Answers | Asked in Family Law for Georgia on
Q: Can my dad kick me out at 16 in the state of Georgia?
Ellaretha Coleman
Ellaretha Coleman answered on Nov 18, 2019

Without knowing more facts about your case, we can not answer that question. Until you reach the age of 18, the parent is still responsible for the minor child.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: if I have a phone in my name and give it to my minor child and she goes to another parent's house do they have the righ

does the parent have the right to take the phone from the child the phone is in the other parents name

Ellaretha Coleman
Ellaretha Coleman answered on Nov 18, 2019

Either parent has the right to parent as they see fit during their parenting time. The short answer to your question is likely yes. The phone being in the other parent's name does not prohibit a party from restricting use of the phone during their parenting time.

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4 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: What form do I use to amend a child to an existing order?

Two kids are already on the legitimation paperwork. I had to wait until DNA confirmed the third child and now that it has, the judge told me to amend the third child in order to proceed with legitimating all three for the same order. I have looked all over for such a form and can not find one. I... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Nov 18, 2019

There is no form to accomplish this. If the case is still pending, you need to amend the petition or answer to add the third child to the action. If the action is no longer pending, you will need to file a new action for the third child or to modify the previous order to include the third child.... Read more »

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2 Answers | Asked in Family Law for Georgia on
Q: Can you have an individual trespassed from an apartment complex in fulton county, ga

Stepson lives with us and the mother will not return him. Upon his return we would like to have her trespassed from the property to prevent this from happening again.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 18, 2019

There are some missing components of your case that make answering your question difficult. The short answer is she would not be trespassing if she is returning the son; this is effectively giving her consent to be on the premises. However, consent to enter private property can be withdrawn at any... Read more »

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2 Answers | Asked in Family Law for Georgia on
Q: My Grandmother just had surgery and is refusing to go to rehab to regain her independence. Are my Mother and Aunt liable

My Grandmother wants to live in her own home but, with no way to feed or clean herself. She's refusing help and rehab

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 18, 2019

Without more information, it is difficult to answer your question. There are several factors that would have to exist before a charge of elder abuse can be substantiated. It is best to contact an attorney to discuss the specifics of your circumstances.

We are here and glad to assist....
Read more »

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1 Answer | Asked in Family Law, Domestic Violence and Elder Law for Georgia on
Q: What legal safe guards do I have to challenge 1. an eviction order and 2. a protection order i believe my mother may mak

My mother and I recently moved into a new home together. Unfortunately, issues from the past have re-emerged and created a storm of conflict that has irrevocably damaged our relationship. Can she retaliate against me by ordering me to vacate the home and/or by filing an order of protection, even... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 17, 2019

Without more details, it is difficult to provide you with an accurate answer. Generally speaking, protective orders are not granted unless there is evidence to support it. If you are a co-owner, you cannot be evicted, however if a TPO is granted, you obviously cannot remain in the home. For these... Read more »

3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Can i request my hearing for child visitation to be held in private?

I live in a small town and i feel that it will be detrimental to my childs wellbeing if all of the facts of his child custody/visitation hearing are heard in open court

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 17, 2019

Without more details about your case it is difficult to answer. Your county may have rules that allow it, and things may vary greatly based on the Judge assigned.

It is best to consult an attorney who can help you maneuver through your case in a way that will keep your child’s best...
Read more »

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2 Answers | Asked in Criminal Law and Family Law for Georgia on
Q: my sister is 15 years old she is dating an 18-year-old boy they are having sex and our mother knows what can I do ?

I need to know what I can do to have this stopped

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 17, 2019

The legal age of consent in the state of Georgia is 16. Anyone under that age cannot legally agree to have sex. The law only provides an exception for married individuals. Statutory rape may be a misdemeanor or felony sex assault charge, depending on the specifics.

Additionally, a person...
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4 Answers | Asked in Family Law for Georgia on
Q: I pay $950 in childsupport for my daughter every month, her mom made her get a job and our daughter has to use her own

Working Money to buy everything for herself. Ex said since our daughter has a job she doesn’t need to use the childsupport money for her. can I go back to court and modify childsupport since my daughter is working and buying her own things?

Regina Irene Edwards
Regina Irene Edwards answered on Nov 14, 2019

You likely are not going to get a decrease based on these facts. Your daughter is not paying rent or utilities - things child support covers. If she has a job to buy extras, like clothes she wants and going to the movies, that doesn't mean you get a reduction in child support.

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2 Answers | Asked in Family Law for Georgia on
Q: Im worried and no safe let the baby daddy visit or chilling around newborn because he got 3rd cruelty to children
Ellaretha Coleman
Ellaretha Coleman answered on Nov 14, 2019

If the child has not been legitimized, the father has no legal rights to visitation in the state of Georgia.

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: How do I turn in evidence for a contempt motion? How do I add to a motion for contempt?
Ellaretha Coleman
Ellaretha Coleman answered on Nov 14, 2019

You need to file a Petition for Citation of Contempt or a Motion for Contempt. Have the petition or motion served upon the other party and set it for a hearing. During your hearing, you will have the opportunity to present evidence of the contempt that you are alleging.

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2 Answers | Asked in Family Law for Georgia on
Q: I have temporary guardianship over my grandson can his mother just come and take him away and what can be done if she do
Homer P Jordan IV
Homer P Jordan IV answered on Nov 13, 2019

Without knowing the details of your case it would be difficult to provide you with answers. You should consult with an attorney who can review the facts of the case and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558

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3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: For what reasons, outside of physical abuse, would a person be granted supervised visitation only in the state of GA?
Regina Irene Edwards
Regina Irene Edwards answered on Nov 13, 2019

There can be many reasons. Substance abuse, sexual abuse, alcohol addiction, exposing the child to people with those characteristics, unregulated mental health issues, unsuitable living arrangements. There can be any number of reasons.

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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: What are my options? Husband had multiple affairs, The last one caused him to abandon our family. Im 8mnths pregnant.

He left 2 months after finding out we were pregnant with our second child together. I have a son from a previous relationship (he did not adopt) and our daughter is 19 months old. I lost my home since he left me with bills and has contributed $425 from the time he left which was May of this year. I... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Nov 12, 2019

You need to consult an attorney about filing for divorce and obtaining child support. You have said anything that would warrant a judge ordering supervised visitation, though.

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2 Answers | Asked in Criminal Law and Family Law for Georgia on
Q: Is there anything to allow me to see or have contact with my husband in jail? Hes facing kidnapping charges for taking
Homer P Jordan IV
Homer P Jordan IV answered on Nov 12, 2019

There is not enough information here regarding the details of the case in order for us to provide guidance. Why are you not being allowed to have contact with him? You may want to contact the jail for more information. -Homer P. Jordan IV, Esq. 404-620-1558

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